A drawn-out controversy over whether the Montezuma County Commission could legally require a private bridge to be improved before approving a subdivision relying on it for access was finally resolved last week after the developer agreed to pay for the upgrades.

On Monday the commission approved the two-lot subdivision of a 17-acre parcel along the West Fork of the Dolores River shortly after receiving a letter of credit in the amount of $22,221 from an Arizona bank and the developer, Cohaco Building Specialties.

The funds are earmarked for the bridge improvements, including the installation of approach guardrails, several signs warning of the one-lane’s bridge’s 20-ton weight limit and the improvement of sway braces supporting the bridge, built in 1970.

Cohaco, through attorney Erin Johnson, sued the county in January, arguing its comprehensive land-use code violated state and federal law and that it was unfair to require the developer to bring the private bridge up to standards.

The small Arizona company believed that other property owners who use the bridge should also help pay.

Last January a county engineer inspected the bridge and informed the commission it was not up to county standards, prompting fears that, if there was an accident at subdivision access the commission knew was dangerous, the county might be liable.

Citing a public responsibility to insure subdivisions they approve have safe access, the commissioners held out and were willing to let the courts decide the issue.

But now they hope the lawsuit will be dropped.

"They indicated that once the plat was approved the case would be dropped," Commissioner Gene Story said.

The incident involving the simple two-lot subdivision is symbolic of the challenges the county faces as it begins to implement stricter zoning laws and land-use requirements for development.

Under subdivision regulations, roads serving areas with four or more lots must be at least 18 feet wide to handle increased traffic, costs that fall to the developer.

The one-lane bridge does not meet that standard and Cohaco was given a variance there in order to avoid building a new bridge.